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meanwhile, senators john mccain and lindsey graham say the injured suspect is not, not entitled to his miranda rights. they want dzhokhar tsarnaev to be treated as an enemy combatant. and the transit police officer injured in a shootout with the suspects remains in critical condition. don't forget about this hero. officer richard donahue being treated for a single gunshot wound. meanwhile, authorities are still looking at another disaster further south, way further south, trying to get to the bottom of what caused that blast at the fertilizer plant in west, texas. fox'sdom nick is there with the -- dominic is there with 14 dead. >> 200 injured. we understand from the authorities that 14 bodies have been recovered. they do not expect that number to rise much, if at all. 13 critically ill in hospital. it's unclear now on day three after the disaster how many of those will pull through. they think most of them actually will. the bodies of those that have been recovered from the site here in west have been taken to dallas for forensics. those that were most closest to the epicenter of the
meanwhile, senators john mccain and lindsey graham say the injured suspect is not, not entitled to his miranda rights. they want dzhokhar tsarnaev to be treated as an enemy combatant. and the transit police officer injured in a shootout with the suspects remains in critical condition. don't forget about this hero. officer richard donahue being treated for a single gunshot wound. meanwhile, authorities are still looking at another disaster further south, way further south, trying to get to the...
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i know john mccain, lindsey graham, couple of others are pushing for that. you need a little more evidence to know whether you can do that. you really have to know, did he become part of the terrorist war against the united states? these e-mails and texts that they're discovering kind of make a pretty good case that he was part of a group that's at war against the united states. if you can make that case, then you could try him in a military court. you could try him in guantanamo bay and not have the spectacle of this trial having to take place in boston or some other place where they would change venue. >> are you sure about military court? as i understand, it was for noncitizens and for foreign nationals. >> if a citizen becomes part of the war effort against the united states -- let's take an example like this. let's take the second world war. let's say an american citizen went to germany and joined the nazi army and invaded the united states, we could try that person in a military court. now, the nature of this war is so ambiguous, you're going to get a
i know john mccain, lindsey graham, couple of others are pushing for that. you need a little more evidence to know whether you can do that. you really have to know, did he become part of the terrorist war against the united states? these e-mails and texts that they're discovering kind of make a pretty good case that he was part of a group that's at war against the united states. if you can make that case, then you could try him in a military court. you could try him in guantanamo bay and not...
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lindsey graham, the senator from south carolina, tweeted this afternoon before there was an arrest, i hope they don't give him miranda warnings. i hope they just interrogate him because it's too important for the legal system. lindsey graham will not be the only person in the united states thinking that. >> i'm hearing on that very point that he has not been given his miranda rights. >> the supreme court of the united states said a few years ago that he doesn't have to be given his miranda warnings as long as they don't use any confession against him in his own criminal trial, they can interrogate him, they can even use extreme measures that the fifth amendment only applies to admitting evidence at a trial. it was a 5-4 decision but it is the law of the land today. >> that's right. so the idea is they can interrogate him without giving him miranda warnings, but they can't use that -- those statements against him in his case. they can use them for intelligence purposes, for purposes of trying to find other conspirators, but the legal process starts to get complicated in that regard. >>
lindsey graham, the senator from south carolina, tweeted this afternoon before there was an arrest, i hope they don't give him miranda warnings. i hope they just interrogate him because it's too important for the legal system. lindsey graham will not be the only person in the united states thinking that. >> i'm hearing on that very point that he has not been given his miranda rights. >> the supreme court of the united states said a few years ago that he doesn't have to be given his...
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two prominent senators john mccain and lindsey graham say he should be treated as an enemy combatant. he could be questioned without a lawyer. even though he was a u.s. citizen arrested on u.s. soil. what do you think about that? >> i think that's just a misunderstanding of the law. if you look back over the history over the last 20 years particularly, our justice system in the united states has worked very well in similar cases. look what happened in oklahoma city with timothy mcveigh who was not only convicted but suffered the death penalty. look what happened with eric rudolph with olympiapac park. the fbi can put this case together and be prosecuted in the courts of the united states and let justice follow that way. i don't think this is any way should be relegated -- not relegated, but elevated to something on enemy combatant status. this is a crime against the people of the united states. it can be handled that way. i have every confidence in the justice department and state authorities in massachusetts to do that. >> douglas jones, thanks for joining us. we appreciate it. >> my
two prominent senators john mccain and lindsey graham say he should be treated as an enemy combatant. he could be questioned without a lawyer. even though he was a u.s. citizen arrested on u.s. soil. what do you think about that? >> i think that's just a misunderstanding of the law. if you look back over the history over the last 20 years particularly, our justice system in the united states has worked very well in similar cases. look what happened in oklahoma city with timothy mcveigh...
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graham of south carolina have released a statement on the importance of immigration reform to america's national security. it said, in the wake of the terrorist attack in boston, some have suggested the circumstances of this tragedy are justifications for delaying or stopping entirely comprehensive immigration reform. the opposite is true. the immigration reform will strengthen our nation's security by helping us identify who has entered our country and who has left. a basic function of government that our broken immigration system is incapable of accomplishing today. the status quo is unacceptable. the f-35 -- is the most expensive airplane in our history. it is a fighter plane to be used by the navy and the marine corps. it is a replacement for the f- 16. new, supposed to be our advanced, all-purpose fighter jets. it is supposed to be in the skies fighting. it is still in development. it is an incredibly troubled program. it has gone tens of billions of dollars over budget. borrowed into this program as a way to write about the troubled defense budget. this program is singular in term
graham of south carolina have released a statement on the importance of immigration reform to america's national security. it said, in the wake of the terrorist attack in boston, some have suggested the circumstances of this tragedy are justifications for delaying or stopping entirely comprehensive immigration reform. the opposite is true. the immigration reform will strengthen our nation's security by helping us identify who has entered our country and who has left. a basic function of...
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. >> you have lindsey graham, paul king that say we should look at dzhokhar was an enemy come want tan. what would that mean. >> it can't apply here. an enemy combatant mean an enemy that's at war. so far we have no indication of what was mote vath these two. so enemy combatant, we don't know mow that there's a foundation for it. but more importantly the justice department has had a lot of success with civilian trials. if they do within aggressive discussion, they can ask every question that a military investigator can ask with respect to -- that's what they'll be able to accomplish. >> let's look at the possibility of where this case may be going. what's your taught about because they want to know if anybody else is involved here, they need to know if there is any ongoing threat, would they consider making a deal? would they go to him and offer him his laf as opposed to the death penalty in exchange for information? well you've identify exactly what the issue is and that's why it may actually make sense to get this guy to a lawyer sooner than later. he is up deed facing a very serious
. >> you have lindsey graham, paul king that say we should look at dzhokhar was an enemy come want tan. what would that mean. >> it can't apply here. an enemy combatant mean an enemy that's at war. so far we have no indication of what was mote vath these two. so enemy combatant, we don't know mow that there's a foundation for it. but more importantly the justice department has had a lot of success with civilian trials. if they do within aggressive discussion, they can ask every...
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graham and others -- >> martha: do you expect this administration to do that? >> no, because they've stated they will not hold american citizens indefinitely, even though -- >> martha: that's established under the supreme court -- >> the defense authorization act of 2012, they can. there have been statements by the president that they wouldn't enforce it. but if they wanted to enforce it, they could at this point. this will become a subject of debate. what's best for america? hold them forever or try them? let's see what happens. >> martha: as always, great to have you. >> good to see you. >> martha: bill? >> bill: martha, there is still -- they're still collecting evidence on boylston street. we saw the haz-mat suits on a short time ago. that process still continues. boston shows its resilience. the residence come out cheering the efforts of police and the investigation. as that continues, too, the applause from last night will be memorable in this city's long and historic tradition. [ cheers and applause ] >> usa! usa! usa ! >> bill: all right. welcome back h
graham and others -- >> martha: do you expect this administration to do that? >> no, because they've stated they will not hold american citizens indefinitely, even though -- >> martha: that's established under the supreme court -- >> the defense authorization act of 2012, they can. there have been statements by the president that they wouldn't enforce it. but if they wanted to enforce it, they could at this point. this will become a subject of debate. what's best for...
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senator lindsey graham of south carolina has said tsarnaev should be questioned by u.s. intelligence agencies. and then put on trial before a military commission, perhaps even at guantanamo bay in cuba. the obama administration has insisted that criminal trials can be just as effective, and tsarnaev is an american citizen, which could complicate putting him in a military court. the actual filing of criminal charges. that could come quite quickly. even within the next day or so. and the -- he would then appear before a federal magistrate. if he is not well enough to leave the hospital, that hearing could actually be done in his hospital room. alex? >> okay, pete, so what point does he get an attorney? >> well, he gets a lawyer during this questioning process for the next 48 hours. under this rule. he has no right to the miranda right. once he exercises his miranda warning, though -- once he exercises his miranda rights he has the choice to stop answering questions. but what the justice department says is, most people in these cases, surprisingly enough, continue to talk a
senator lindsey graham of south carolina has said tsarnaev should be questioned by u.s. intelligence agencies. and then put on trial before a military commission, perhaps even at guantanamo bay in cuba. the obama administration has insisted that criminal trials can be just as effective, and tsarnaev is an american citizen, which could complicate putting him in a military court. the actual filing of criminal charges. that could come quite quickly. even within the next day or so. and the -- he...
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. >> senators john mccain and lindsey graham in a statement said dzhokhar tsarnaev should be treated as a potential enby combat nt. "now that the suspect is in custody the last thing we should want for him is to remain silent. under the law of war we can hold this suspect as a potential enemy combatant not entitled to miranda warnings or the appointment of counsel." with us now from new york is paul callan, former new york prosecutor. what are police trying to find out from him at this point? >> i think we're trying to find out what things, first, are there other unexploded bombs out there that have to be recovered to protect the public and secondly they're going to want to know how did you get all of this explosive material? who sold it to you? where is the chain? are there others who may be involved in some kind of a broader conspiracy? those are the two areas that i think federal authorities would be exploring. >> obviously there are a lot of legal implications about this and a great deal of discussion about this. i want to you listen to what alan dershowitz said. >> the governmen
. >> senators john mccain and lindsey graham in a statement said dzhokhar tsarnaev should be treated as a potential enby combat nt. "now that the suspect is in custody the last thing we should want for him is to remain silent. under the law of war we can hold this suspect as a potential enemy combatant not entitled to miranda warnings or the appointment of counsel." with us now from new york is paul callan, former new york prosecutor. what are police trying to find out from him...
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another sensitive issue raised by republican senators, lindsey graham, kelly ayotte, peter king, they released a statement, the suspect, based upon his actions, clearly is a good candidate for enemy combat tant status. we do not want the suspect to remain silent. we have concerns that limiting this investigation to 48 hours and exclusively relying on the public safety exception to miranda could very well be a national security mistake. is this realistic he would be named as an enemy combat talent, denying him rights even though's u.s. citizen, he was naturalized on september 11th of last year and he was arrested in the united states? >> no, this is a deep philosophical division between the obama administration and some of the republican -- sorry about this and what that means is the obama administration has said the criminal justice system can make this work, the criminal can handle national security risks like this person, terrorists have been prosecuted, moussaoui. this administration is committed to using the american courts there are some critics, like senator mccain, like senator
another sensitive issue raised by republican senators, lindsey graham, kelly ayotte, peter king, they released a statement, the suspect, based upon his actions, clearly is a good candidate for enemy combat tant status. we do not want the suspect to remain silent. we have concerns that limiting this investigation to 48 hours and exclusively relying on the public safety exception to miranda could very well be a national security mistake. is this realistic he would be named as an enemy combat...
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graham, john mccain, kelly ayotte, congressman peter king, all of whom have said this suspect based on his actions clearly is a good candidate for enemy combatant status. we do not want this suspect to remain silent. talk about that in terms of what prosecutors are doing right now. is that the path down which prosecutors and any investigators are going right now? >> well, it's unclear whether or not they're going down that path to identify and designate him as an enemy combatant but they should at least go down the path to determine whether or not that is the designation they should make for this particular person. then they should do it based on our national security, national interest to determine whether or not identifying him as an enemy combatant will actually enhance our national security and national interest. >> what about the charges? what do you expect them to be against dzhokhar. >> well, if he's not designated as an enemy combat eant he wille charged federally. the first decision has to be if he's designated enemy combatant. if they decline, they'd be looking at charges
graham, john mccain, kelly ayotte, congressman peter king, all of whom have said this suspect based on his actions clearly is a good candidate for enemy combatant status. we do not want this suspect to remain silent. talk about that in terms of what prosecutors are doing right now. is that the path down which prosecutors and any investigators are going right now? >> well, it's unclear whether or not they're going down that path to identify and designate him as an enemy combatant but they...
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john mccain, lindsey graham, graham saying at least consider suspect as enemy combatant for intelligence gathering purposes. what is the white house saying about that decision? >> reporter: well, you heard the president urge restraint in terms of passing judgment. i can tell you that representative peter king also joining in the chorus that you just mentioned. so, i think the white house being very cautious in terms of moving forward on this front, urging sort of restraint from the american people in terms of judging and prejudging how this should be handled at this very moment, chris. >> all right, kristen welker, thanks very much. >>> we'll continue to delve in to many of the issues, where this investigation is going, what we know now and what investigators need to know. for 15 years. that's 3 moves, 5 jobs, 2 newborns. it's no wonder i'm getting gray. but kate -- still looks like...kate. with nice'n easy, all they see is you -- in one simple step, nice'n easy with colorblend technology, gives expert highlights and lowlights. for color that's perfectly true to you. i don't know all her
john mccain, lindsey graham, graham saying at least consider suspect as enemy combatant for intelligence gathering purposes. what is the white house saying about that decision? >> reporter: well, you heard the president urge restraint in terms of passing judgment. i can tell you that representative peter king also joining in the chorus that you just mentioned. so, i think the white house being very cautious in terms of moving forward on this front, urging sort of restraint from the...
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. >> already some calls specifically from senator lindsey graham, specifically from senator john mccain for the suspect to be treated as an enemy combatant. how is legal action at this point most likely to move forward? >> reporter: well, the obama administration would never go for that, partly as a policy matter. they have made it quite clear that civilian courts are up to the task and they think in many ways better than military tribunals which are untested. civilian courts have convicted lots of terrorism defendants. it will be a federal case. they'll charge him withes with use of a weapons of mass destruction. the maximum penalty is the death penalty. the government will have to decide whether to seek that or not. there's an additional wrinkle here. he is an american citizen. he was a naturalized citizen last year oddly on 9/11 of last year, and there is an open legal question about whether even if the government wanted to, it could declare an american citizen captured on u.s. soil as an enemy combatant. it's an untested question. the government tried to do it in the case of jose pa
. >> already some calls specifically from senator lindsey graham, specifically from senator john mccain for the suspect to be treated as an enemy combatant. how is legal action at this point most likely to move forward? >> reporter: well, the obama administration would never go for that, partly as a policy matter. they have made it quite clear that civilian courts are up to the task and they think in many ways better than military tribunals which are untested. civilian courts have...
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graham, kelly ayotte, congressman peter king a short time ago, issued a statement this morning asking for the suspect to be tried as an enemy combatant. they said, in part, "we do not want the suspect to remain silent." senator chambliss, vice chair of the subcommittee on violence said "i'm disappointed that it appears this administration is once again relying on miranda's public safety exception to gather intelligence which only allows, at best, a 48-hour waiting period that may expire since the suspect has been critically wounded." will there be a public outcry, ed o'keefe, about all that's given, the suspect is a natural citizen? >> with those five senators -- lawmakers, certainly the outcry could potentially be beginning. it's no surprise that that quintet, if you will, is calling for the administration to handle him as what they describe as an enemy combat talent. the obama administration doesn't use that term anymore it allows for an indefinite detention of someone under national security concerns. that's what they are hoping for. we will see what the justice department decides,
graham, kelly ayotte, congressman peter king a short time ago, issued a statement this morning asking for the suspect to be tried as an enemy combatant. they said, in part, "we do not want the suspect to remain silent." senator chambliss, vice chair of the subcommittee on violence said "i'm disappointed that it appears this administration is once again relying on miranda's public safety exception to gather intelligence which only allows, at best, a 48-hour waiting period that may...
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graham have released a statement on the image hortense -- on the importance of immigration security. some have suggested that the circumstances of the terrible tragedy is a justification for delaying or stopping the effort for comprehensive immigration reform. in fact the opposite is true. immigration reform will strengthen our nation security by helping us identify exactly who has entered our country and to has left. a basic function of government that our broken immigration system is incapable of accomplishing today. the status quo is unacceptable. >> tomorrow on "washington journal" and roundtable discussion on the use of surveillance cameras with ginger mccall. uel marc gerecht. and a security bill working its way through congress. and a bill that found gaps in oversight compound pharmacies across the country. at 7ington journal" live a.m. eastern on c-span. is the most expensive weapons system in the history of the united states. fighter jetanced that is to be used by the air force, the navy, and the marine corps. it is a replacement for the f- 16 a number of other planes for th
graham have released a statement on the image hortense -- on the importance of immigration security. some have suggested that the circumstances of the terrible tragedy is a justification for delaying or stopping the effort for comprehensive immigration reform. in fact the opposite is true. immigration reform will strengthen our nation security by helping us identify exactly who has entered our country and to has left. a basic function of government that our broken immigration system is...